Liberals table bills to legalize pot, clamp down on impaired driving

The Liberal government has tabled legislation to end the prohibition on pot and regulate it for recreational use, checking off a major campaign promise from the 2015 campaign.

The pot plan comes with two new bills; one to regulate the recreational use, sale and cultivation of marijuana, and a second that strengthens impaired driving measures.

It allows people to possess up to 30 grams of dried or fresh cannabis and sets the minimum at 18 years of age, though provinces can set a higher legal age.

Consumers can grow up to four plants at home or buy from a licensed retailer. Dried and fresh cannabis and cannabis oil will be available first, with edible products to become available later, according to information provided to reporters by Health Canada.

• Read the proposed Cannabis Act bill
• Read the proposed changes to impaired driving laws
• First Nations hope to capitalize on pot
• Cannabis producers line up for recreational sales

The new legislation provides for ticketing for possession that exceeds the personal limit by small amounts, or up to 14 years in jail for an illegal distribution or sale, and imposes tough new penalties of up to 14 years in jail for giving or selling marijuana to minors.

A new offence with a penalty of up to 14 years in jail will also be created for using a youth to commit a cannabis-related offence.

However, youth who are found in possession of up to five grams of marijuana would not be criminally prosecuted, in order to avoid consequences of criminal prosecution.

The new bill also:

• Prohibits marketing to appeal to youth.
• Prohibits sales through self-service display or vending machines.
• As part of an overhaul of Canada’s impaired driving laws, it makes it illegal to drive within two hours of having an illegal level of drugs in the blood, with penalties ranging from a $1,000 fine to life imprisonment, depending on the level of drugs in the blood and whether someone was injured or killed as a result of the impairment.
• Does not prevent provinces from allowing sales at the same place as alcohol.
• Prohibits tourists from bringing pot past the border, but allows them to use pot while in Canada.

There are no details yet on how marijuana will be priced or taxed; the finance minister is expected to outline that in future.

No ‘free for all’

With some of those key elements still need to be worked out, Public Safety Minister Ralph Goodale said the move to legalize marijuana will be done expeditiously but carefully.

“This must be an orderly transition. It is not a free for all,” he said during a news conference after the bills were tabled.

The new impaired driving legislation creates three new offences and gives police authority to require saliva tests for drivers suspected of being high. Police can administer a test based on signs such as red eyes or the smell of pot.

Justice Minister Jody Wilson-Raybould called it an “important day” and said the legislation aims to strike a balance between protecting minors and keeping profits away from organized crime.

Prime Minister Justin Trudeau has repeatedly said the goal is to restrict access of marijuana to minors and choke off profits from sales to organized crime.

Bill Blair, who Trudeau appointed as his point man on the marijuana file, said there is no plan to promote the use of pot and stressed that buying, selling or using marijuana outside the regulatory regime will remain a serious criminal offence with stiff penalties.

Public health framework

He said Canada consulted broadly with other jurisdictions that have legalized marijuana, including Colorado and Washington states, to learn what worked and what did not. Canada is differing in its approach in that it is based on a public health framework over a commercial focus.

“It has focused entirely on how to reduce the social and health harms associated to cannabis in its production, distribution and consumption,” Blair said. “And that focus enables us to avoid many of the pitfalls that other jurisdictions have experienced, where the focus was primarily on maximizing revenue.”

The proposal to legalize pot has been applauded by marijuana advocates, but has raised concerns from others about a potential rise in impaired driving and the impact on the mental health of young Canadians.

The bills will face tough scrutiny by MPs in the House and at committee before moving on to the Senate for further study.

The government hopes to clear the parliamentary and procedural hurdles to make pot legal by July 1, 2018.